4.5 Hukuncin mai mamaye haƙƙin wani
4.5 The verdict on the usurper
Idan wani mai mamaye mulki ya kwace iko da karfi, ba zai zama Khaleefah ba, ko da ya ayyana kansa a matsayin Khaleefah na Musulmi. Wannan saboda Musulmi a wannan yanayi ba su ba shi kwangilar Khilafah ba. Idan ya karbi Bay'ah daga mutane da karfi da tilastawa, ba zai zama Khaleefah ba, ko da an ba shi Bay'ah. Wannan saboda Bay'ah da aka karba da karfi da tilastawa ba a dauke ta a matsayin inganci ba, kuma ba za a iya kulla Khilafah da ita ba. Domin kwangila ce da ta dogara da yarda da zabi, kuma ba za a iya kulla ta da karfi ko tilastawa ba. Don haka ba za a iya kulla Khilafah ba sai da Bay'ah ta yarda da zabi. Sai dai idan mai mamayar ya iya shawo kan mutane cewa zai fi amfani ga Musulmi su ba shi Bay'ahsu, kuma aiwatar da hukunce-hukuncen Shari'a yana wajabta musu ba shi Bay'ah, suka gamsu suka karbi hakan suka ba shi Bay'ah da yarda da zabi, to zai zama Khaleefah daga lokacin da aka ba shi Bay'ah da yarda da zabi. Wannan haka yake, duk da cewa da farko ya kwace iko da tilastawa da karfi. Sharadin shi ne a ba da Bay'ah kuma ya zama da yarda da zabi juna, ko wanda aka ba wa Bay'ah ya kasance shugaba ko ba shi ba.
If a usurper were to seize power by force He would not become Khaleefah, even if He declared himself to be the Khaleefah of the Muslims. This is because the Muslims in this case would not have contracted the Khilafah to him. If He were to take the Bay’ah from the people by force and coercion He would not become Khaleefah even if the Bay’ah was given to him. This is because a Bay’ah that is taken by force and coercion is not considered valid and the Khilafah cannot be concluded by it. For it is a contract based on mutual consent and choice and cannot be concluded forcefully or by coercion. The Khilafah cannot therefore be concluded except by a Bay’ah of consent and choice. However, if the usurper managed to convince the people that it would be in the interest of the Muslims to give him their Bay’ah and that the implementation of the Shar’a rules obliges them to give the Bay’ah, and they were convinced of that and accepted it and then gave him the Bay’ah by consent and free choice, He would become Khaleefah from the moment that the Bay’ah was given to him by consent and choice. This is the case, even though in the first place He seized the authority by coercion and force. The condition is giving the Bay’ah and that it must be by mutual consent and free choice, regardless of whether the one who was given the Bay’ah was the ruler or not.